Assam Judicial Service (Gr - III) Preliminary Exam 2012

Under Section 114 of the Evidence Act, the Court may presume the existence of any fact which it thinks likely to have happened regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Section 129 of the Evidence Act provides that no one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional advisor unless he offers himself as a witness, in which case, he may be compelled to disclose any such communication as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no other.

Section 5 of the Limitation Act applies to any appeal or application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. An appeal here may be civil or criminal.

Section 391 of the Indian Penal Code states that when five or more persons conjointly commit or attempt to commit a robbery, every person so committing or attempting is said to commit "dacoity." The main ingredient which makes robbery differ from dacoity is the 'number of persons' who are committing offence.

Two essential elements for an offence are actus reus and mens rea. Actus reus is the physical act and mens rea means guilty mind. Mens rea is also known as intention to commit an offence.

Section 89 of the CPC embraces the provision for settlement of dispute outside the court through
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation

Under Section 80 of the Code of Civil Procedure, it has been provided that no suits shall be instituted against the government or against a public officer in respect of any act purporting to be done by such officer in his official capacity until the expiration of two months after notice in writing has been delivered.

The Constitution of India in Part IV A under Article 51A (added by the 42^nd amendment) provides Fundamental Duties of every citizen of Indian. In its first clause, it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Under Section 58 of the Transfer of property act, all kinds of mortagage mentioned above are provided.

It is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.

Article 24 of the Indian Constitution provides that no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

The President of India is the Supreme Commander of the Armed Forces of the country. The Ministry of Defence provides policy framework and resources to the Armed Forces to discharge their responsibility in the context of defence of the country.

A writ of certiorari is issued by the Supreme Court or any High Court to an inferior Court or tribunal for quashing the order already passed on the ground of exceeding jurisdiction vested by law or acting in violation of the rules of natural justice.

The Supreme Court of India comprises the Chief Justice and 30 other judges appointed by the President of India. Supreme Court judges retire upon attaining the age of 65 years.

Presumption as to dowry death of a woman is provided under section 113 B of the Indian Evidence Act, 1872. It provides that when the question is whether a person has committed dowry death of a woman and it is shown that soon before her death, such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person has caused dowry death.

Section 82 of the Indian Penal Code falls under the chapter of General Exception for the liability of offences under the Indian Penal Code. Section 82 of the Indian Penal Code provides that nothing is an offence which is done by a child under seven years of age. It is also termed as conclusive proof.

Section 47 of the Code of Civil Procedure provides that an executing court has no jurisdiction to modify a decree. It cannot go behind the decree and must execute the decree as it is.

Garnishee means a judgment debtor’s debtor. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. A third person or party in whose hands money is attached by process of court so called because he had garnishment or warning that not to pay the money to the defendant, but to appear and answer to the plaintiff creditor’s suit.

By the 42^nd Amendment Act, 1976, the words "unity and integrity of the nation" have been added to the preamble to the Constitution of India.

A writ of mandamus is issued from a court of superior jurisdiction that commands an inferior tribunal, municipal corporation or individual to perform or refrain from performing a particular act, the performance or omission of which is required by law as an obligation.

Article 20(2) of the Indian Constitution is known as "double jeopardy".
"Double jeopardy" means that no person shall be prosecuted and punished for the same offence more than once.

Under Section 2 of the Indian Penal Code, every person is liable to punishment under the code for an offence. There are certain exceptions to the general rule of criminal liability.

I never miss a cricket match as I am fond of cricket since childhood.

When he has his hair cut, he takes a bath.

Vande Mataram is the national song of India. The lyrics were written by Bankim Chandra Chattopadhyay, in a mix of Sanskrit and Bengali. The song was written in 1876.

I want to go to my friend's birthday party.

We must try to get home in time for dinner.

The Supreme Court laid down the basic structure doctrine in this case. According to this, some of the provisions of the Constitution of India form its basic structure, which are not amendable by the Parliament by exercise of its constituent power under Article 368.

I’d rather have water instead of milk.

A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage provided under Section 58 of the Transfer of Property Act.

The doctrine of part performance of contract is provided in Section 53 A of the Transfer of Property Act, 1882.

Article 19(1) of the Indian Constitution provides that all citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(f) to practise any profession or to carry on any occupation, trade or business

The term sale is defined under Section 54 of the Transfer of Property Act. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Under Section 2(b) of the Indian Contract act, it is defined as when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. 

Under Section 100 of the Code of Civil Procedure, an appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court if the High Court is satisfied that the case involves a substantial question of law.

The procedure for seeking temporary injunction has been provided under Order XXXIX of the Code of Civil Procedure, 1908. An injunction being discretionary equitable relief cannot be granted when equally efficacious relief is obtainable in any other usual mode or proceeding.

I am tired of this work.

A person claiming a right to appear before the Court may lodge a caveat under Section 148 A of the Civil Procedure Code, 1908.

At present, Gauhati High Court has jurisdiction over 4 states. These are Assam, Nagaland, Mizoram and Arunachal Pradesh.

Under Order VII Rule 11 clause (a) of Code of Civil Procedure, it has been provided that a plaint shall be rejected if it does not disclose a cause of action.

An application can be filed for review of a judgment if there is error apparent on the face of the record.

Section 2(h) of the Indian Contract Act defines that an agreement enforceable by law is a contract.

Section 10 of the Indian Contract Act provides that all agreements are contracts if they are made by the free consent of parties competent to contract for a lawful consideration and with a lawful object and are not hereby expressly declared to be void.

According to Section 3 of the Transfer of Property Act, "Immovable Property" does not include standing timber, growing crops or grass.

Anticipatory bail is where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under Section 438 of Code of Criminal Proceure that in the event of such arrest, he shall be released on bail.

Germane means relevant to the subject under consideration.
The attorney protested that testimony being offered was not germane to the case and asked it to be struck off from the record.

Exculpate means to prove that someone is not guilty of doing something wrong.

Ultra vires is a Latin phrase meaning "beyond the powers" - if an act requires legal authority and it is done with such authority. In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's objects clause in articles of incorporation.

A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under Section 24 of the Code of Criminal Procedure only if he has been in practice as an advocate for not less than seven years.

Under Section 16 of the Advocates Act, 1961, it is stated that there shall be two classes of advocates, namely senior advocates and other advocates. 

A group of female lions is called a pride, and a group of male lions is called a coalition.

'Across' when used as a preposition is followed by a noun. The noise comes from across the river.

The Vice President of India (currently, Hamid Ansari) is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.

Under control means that people are able to deal with it successfully. You can trust Raju to have everything under control. 

Ecstatic means feeling or expressing overwhelming happiness.

 A Court of people officially appointed to deal with special matters is known as Tribunal.

Article 227 of the Indian Constitution provides that every High court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

Under Section 108 of the Evidence Act, the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

Section 29 of the Indian Contract Act provides that agreements, the meaning of which is not certain or capable of being made certain, are void.

As per Section 2(x), "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
As per Section 2(w), "summons-case" means a case relating to an offence, and not a warrant-case.

In the case of a non-cognizable offence, a police officer does not have the authority to make an arrest without a warrant and an investigation cannot be initiated without a court order.

Anulled means to declare invalid or cast aside.

A school of chital fish was seen near the river bank.

Nemo judex in causa sua is a Latin phrase that means literally "no-one should be a judge in his own cause." It is a principle of natural justice that no person can judge a case in which he has an interest.

Voxpopuli means the the opinions and beliefs of the majority of the people.